§ 147-86.30. Health and Wellness Trust Fund established. - North Carolina Statutes

Article 6C.

Health and Wellness TrustFund.

§ 147‑86.30.  Health andWellness Trust Fund established.

(a)        Fund Established. –There is established the Health and Wellness Trust Fund in the Office of theState Treasurer to be used to develop a comprehensive plan to finance programsand initiatives to improve the health and wellness of the people of NorthCarolina. As used in this Article, the term "Fund" means the Healthand Wellness Trust Fund. It is the intent of the General Assembly that the fundsprovided pursuant to this Article to address the health needs of NorthCarolinians be used to supplement, not supplant, existing funding of health andwellness programs.

(b)        Fund Earnings,Assets, and Balances. – The State Treasurer shall hold the Fund separate andapart from all other moneys, funds, and accounts. The State Treasurer shall bethe custodian of the Fund and shall invest its assets in accordance with G.S.147‑69.2 and G.S. 147‑69.3. Investment earnings credited to theassets of the Fund shall become part of the Fund. Any balance remaining in theFund at the end of any fiscal year shall be carried forward in the Fund for thenext succeeding fiscal year. Payments from the Fund shall be made on thewarrant of the chair of the Commission, pursuant to directives of theCommission. The Commission may expend moneys in the Fund only as provided insubsections (c) and (d) of this section.

(c)        Priority Use ofFunds. – As soon as practicable after the beginning of each fiscal year, theState Treasurer must certify in writing to the chair of the Commission theestimated amount of debt service anticipated to be paid during the fiscal yearfor special indebtedness authorized by the State Capital Facilities Act of2004, Part 1 of S.L. 2004‑124. The chair of the Commission must issue awarrant from the Fund to the General Fund for the lesser of (i) one‑halfof the amount certified by the Treasurer and (ii) the applicable percentage ofthe Fund's receipts for the current fiscal year. For fiscal years beginningbefore July 1, 2007, the applicable percentage is thirty percent (30%). Forfiscal years beginning on or after July 1, 2007, the applicable percentage issixty‑five percent (65%).

(d)        Use of RemainingFunds. – The Commission may expend or commit moneys in the Fund in a fiscalyear only after the payment required by subsection (c) of this section has beenmade.

(e)        Fund Purposes. – Moneysfrom the Fund may be used for any of the following purposes:

(1)        To address thehealth needs of vulnerable and underserved populations in North Carolina.

(2)        To fund programs andinitiatives that include research, education, prevention, and treatment ofhealth problems in North Carolina and to increase the capacity of communitiesto respond to the public's health needs.

(3)        To develop acomprehensive, community‑based plan with goals and objectives to improvethe health and wellness of the people of North Carolina with a priority onpreventing, reducing, and remedying the health effects of tobacco use and withan emphasis on reducing youth tobacco use. The plan shall include measurablehealth and wellness objectives and a proposed timetable for achieving theseobjectives. In developing the plan, the Commission shall consider all facets ofhealth, including prevention, education, treatment, research, and relatedareas.

(f)         Limit on Operatingand Administrative Expenses. – No more than two and one‑half percent (21/2%) of the annual receipts of the Fund for the fiscal year beginning July 1or a total of one million dollars ($1,000,000), whichever is less, may be usedeach fiscal year for administrative and operating expenses of the Commissionand its staff. All administrative expenses of the Commission shall be paid fromthe Fund.  (2000‑147,s. 2; 2004‑179, s. 1.3; 2006‑203, s. 122; 2008‑187, s. 28.)